Is the law on my side?

[rhenkel]

Ok here is the situation. In November of 2007 I gave 200 dollars to my roommate so they could pay their share of the rent. IN return we were told we would only need to pay 300 of the usual 600 the next month and they would pay the rest. The end of the month came and we paid them the first 160 of the 300. The next day we found out that we were all being asked to leave the apartment, and since we had already included a last months rent to the landlord we did not have to pay rent in December. We asked our roommates to return the 360 but they told us to wait and they would see if they could stop the eviction. They could not. they paid no rent yet refused to return the 160 dollars. I have 2 witnesses to our oral contract, my roommates boyfriend and my 18 year old brother. Am I legally entitled to be paid the 360 dollars? or just the $160? Or am I totally screwed? Please, would someone with legal training give me some advice?

 

[mafioso]

If he collected money from you and was not paid since you guys had paid for the last month, the he has to return your money. He has no legal standing in holding your money if he has not used it for rents or per your agreement. Try negotiating to get back your money………..Suing is not a pleasant option for small sums of money but it might be necessary if he does not give you back. Suing should be your last your very last option.

 

[rhenkel]

Thank you so much. Knowing the law is on our side will make negotiations go much smoother. I don't think it will come to suing but its nice to know its an option. That gives us the leverage.

 

[rhenkel]

Ok so i talked to my roommate and she admitted to owing me the money. She said she would pay me back. but I need to know what an except-able time frame for repayment is. How long should i wait for her to repay me?

 

[mafioso]

It is your decision............There is no law………. you guys have to agree on a reasonable time frame. Get a couple of witnesses and sign something you can use if she does not pay.